The Key Legal Concepts in Sexual Harassment in the Workplace
Title VII of the Civil Rights Act of 1964 recognized any form of sexual aggravation in the workplace as a type of sexual discrimination. Sexual harassment can happen in various ways, including a man or a woman playing the roles of the harasser or the victim according to the U.S. Equal Employment Opportunity Commission (EEOC). The target could be any person affected by the act, and it does not essentially have to be the person harassed (Murad, 2020). Additionally, the harasser could be anyone, including a victim's supervisor, customer, or co-worker. According to Hemel and Lund (2018), conduct can be deemed as sexual harassment if it is severe or pervasive to the extent of creating a hostile work environment or altering the conditions of a victim’s employment. Furthermore, sexual harassment can range from undesirable sexual advances to verbal or physical behaviors that affect an individual’s employment.
Quid pro quo is a form of sexual harassment claim that involves employment decisions based on a person’s willingness to provide or submit to sexual favors. They include decisions involving promotions or keeping one’s job position ( Workplace Fairness, n.d.). Secondly, antagonistic work setting claims involve sexual harassment which also creates an unreceptive work environment that interferes with a victim’s work performance. Sexual harassment laws, as outlined under Title VII, cover private companies, both state as well as local governments, and educational organizations that employ more than 15 people (Workplace Fairness, n.d.). Employers are legally responsible for all sexual harassment activities in a company. Thus, it is the duty of the employer, though their supervisors, to ensure that there is a positive work environment free from all forms of sexual harassment activities. The U.S. EEOC has the mandate of conducting investigations of cases involving sexual harassment in the office. Victims of sexual aggravation can be remedied through compensatory damages, front and back pay, hiring, reinstatement, or promotion (Workplace Fairness, n.d.).
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Recent Developments in Sexual Harassment in the Workplace
Recent developments indicate that there is a surge in sexual harassment cases in the office. Murad (2020) asserts that there were more than 7500 reports in 2018, signifying a 14% surge from the past year. Consequently, the rising trend of sexual harassment cases prompted several states to include sex in their discrimination laws. Most states have included sex protections to cover the prohibitions of sexual harassment as well as assault in the workplace (Murad, 2020). Some states have gone beyond this move to require proprietors to offer sexual harassment exercises in their establishments. Additional recent developments worth mentioning include the move by many states to ensure that the process victims use to report sexual harassment cases is smoothened. Moreover, some states are working on better regulations that restrict the usage of Non-Disclosure Agreements in cases of work place sexual harassment.
The #MeToo movement is one of the most notable developments in sexual harassment in the workplace. Initiated by American activists, Tarana Burke, the movement aims to raise awareness about sexual harassment in the office and stand in solidarity with victims of sexual abuse. What makes this movement worth mentioning is that it focuses on sexual harassment by perpetrators who are high-profile people ( Hemel & Lund, 2018) . Many victims suffer in silence due to the fear of reporting public figures and prominent positions in various sectors. Hence, it is paramount to create awareness for victims to be bold to report such cases, regardless of the position of the harasser.
Future Developments
Some future developments include conducting assessments to identify the risk factors of sexual harassment in the office ( Shaw et al., 2018) . Additionally, climate surveys can help employers to assess the severity of harassment within an organization. Employers should enact anti-sexual harassment policies and communicate to employees frequently using various reporting procedures. Moreover, testing the reporting procedures for their effectiveness is essential. Discipline is another future development, whereby employers should aim to provide prompt, consistent, and proportional discipline based on the magnitude of the situation ( Shaw et al., 2018) . Supervisors need training on the most appropriate ways to respond to sexual harassment cases in the workplace.
Our organization will have to adjust the training concerning sexual harassment. First, the training will be carried out in a learning setting, using a unblemished and comprehensible language. The training will be inclusive to allow participants to contribute, ask, and answer questions instead of passive recipients. Applicable laws prohibiting sexual harassment in the office will be included in the training. Other elements to include in the training concern various behaviors that might constitute sexual harassment, remedies available to victims, and civil and criminal penalties for perpetrators. Most importantly, the training will reinforce the notion that harassers might be people of the same or opposite sex.
In addition to the training, the company will provide its members with supplementary materials containing updates to sexual harassment issues in the workstation. The materials will also outline the benefits of a positive work environment free from sexual harassment. Our workplace policies will need to be updated to guarantee that targets of sexual harassment can record their incidence without fear. The current issues in this topic indicate that most victims are afraid of making reports in cases where the perpetrator is a public figure. Therefore, our organization will ensure that employees can report a harasser despite their management level within an organization. The policies will include protective and remedial measures for the victims. Sexual harassment policies will be communicated clearly across all levels of the organization, coupled with disciplinary rules.
References
Hemel, D., & Lund, D. S. (2018). Sexual harassment and corporate law. Columbia Law Review , 118 (6), 1583-1680. https://chicagounbound.uchicago.edu/cgi/viewcontent.cgi?article=13805&context=journal_articles
Murad, K. (2020, February 17). Sexual Harassment in the Workplace. National Conference of State Legislatures. https://www.ncsl.org/research/labor-and-employment/sexual-harassment-in-the-workplace.aspx
Shaw, E., Hegewisch, A., & Hess, C. (2018). Sexual harassment and assault at work: Understanding the costs. Institute for Women’s Policy Research Publication, IWPR B , 376 . https://iwpr.org/publications/sexual-harassment-work-cost/
Workplace Fairness. (n.d.). Sexual harassment- legal standards. https://www.workplacefairness.org/sexual-harassment-legal-rights
